Is there any case law that supports a motion judge finding that a plaintiff has a genuine issue for trial over an unpaid bonus?

Ontario, Canada


The following excerpt is from Benson v. Bird Mechanical Ltd., 2013 ONSC 6603 (CanLII):

In addition, as mentioned, the motion judge concluded that there was a genuine issue regarding whether the plaintiff knew, or ought to have known, during his employment that he had a claim for an unpaid bonus for which a legal proceeding would be an appropriate means to seek to obtain it. As mentioned, the motion judge found, on the evidence, that it would not have been workable for the plaintiff to sue the defendant while employed. The defendant would appear to be correct that the decision in Novak v. Bond 1999 CanLII 685 (SCC), [1999] 1 S.C.R. 808, referred to by the motion judge, turns on different language in the applicable statute of British Columbia. However, the motion judge clearly had regard to the language of paragraph 5(1)(a)(iv) of the Act in reaching his conclusion stated above. In the absence of case law that addresses the present circumstances, that is not an unreasonable interpretation of the operation of paragraph 5(a)(iv) in such circumstances. Therefore, I cannot conclude that there is good reason to doubt the correctness of the conclusion of the motion judge that a genuine issue for trial exists regarding the operation of this provision in the context of an employment arrangement.

Other Questions


What is the effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
What is the test for determining if a motion is a genuine issue requiring a trial based only on the evidence in the Motion Record? (Ontario, Canada)
Is there any reversible error in a motion finding that there is no genuine issue requiring a trial? (Ontario, Canada)
What is the test for a motion to relocate a child to a new home where there are genuine issues for trial? (Ontario, Canada)
Can a motion judge assume that no further evidence will be adduced at trial on any issue, including discoverability? (Ontario, Canada)
Is there any case law or case law that supports the argument that a judge should consider some of the issues before the trial of the others? (Ontario, Canada)
What is the difference between a motion judge's finding that a plaintiff has been denied early discovery and a defendant has been granted early discovery? (Ontario, Canada)
Is it proper for a court on a Rule 76.07 motion for judgment to determine a genuine issue including making findings of credibility? (Ontario, Canada)
Can an appellate court substitute a trial judge’s findings of fact or mixed findings of law with its own? (Ontario, Canada)
What is the standard of review for a motion of appeal against a finding of fact made by the trial judge? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.